Making a will is a deeply personal decision that reflects an individual’s wishes about how their estate should be distributed after death. Unfortunately, there are situations where those wishes may not be genuine. If you suspect that a loved one was pressured, manipulated, or coerced into making a will, it may be possible to challenge it under Australian Wills & Estate Planning Law.

This article explains what coercion means in the context of wills, how to identify the signs, the legal remedies available, and the steps you should take if you believe undue influence was at play.

Understanding Coercion in Will-Making

In Australia, a valid will must be made freely and voluntarily. Coercion occurs when a person is pressured to such an extent that their free will is overborne. This is known legally as “undue influence”.

Unlike ordinary persuasion, undue influence involves manipulation or threats that leave the testator (the person making the will) with no real choice. For example, a child threatening to withhold care unless assets are left to them may constitute coercion.

Courts are careful in distinguishing between legitimate influence (e.g., persuasion) and undue influence (e.g., pressure, threats, or exploitation of vulnerability).

Signs a Will May Have Been Made Under Coercion

Some common red flags include:

• Unusual changes to the will, particularly favouring one individual disproportionately.
• Isolation of the testator from family or advisers.
• Dependence on the influencer for financial, medical, or emotional support.
• Secrecy around the making of the will or sudden instructions without prior discussion.
• Contradictions with previous wills or the person’s long-held wishes.

If these warning signs are present, it may be worth investigating further.

Challenging a Will in Australia

Under Wills & Estate Planning Law, a will can be contested in the Supreme Court if there is evidence of undue influence. However, the burden of proof lies with the person alleging coercion, which makes such cases legally complex.

Courts will consider factors such as:

• The testator’s mental capacity at the time of making the will.
• The relationship between the testator and the alleged influencer.
• Whether the will departs significantly from previous wills.
• Witness evidence from lawyers, doctors, or carers involved at the time.

It’s important to note that simply being persuasive or encouraging someone to make a will in your favour is not enough. The influence must amount to coercion that overrides the testator’s free will.

Steps to Take if You Suspect Coercion

Seek legal advice immediatelySpecialist estate planning lawyers can assess the strength of your case and advise on whether you have grounds to contest the will.

Gather evidenceCollect medical records, witness statements, or correspondence that may show the testator was pressured.

File a claim within time limitsIn most Australian states, claims must be lodged within 12 months of the grant of probate, though some exceptions apply.

Consider alternative dispute resolutionMediation is often encouraged to resolve will disputes without lengthy court proceedings.

Act quicklyDelays can make it harder to prove coercion, as key evidence or witnesses may no longer be available.

Protecting Loved Ones from Coercion in the Future

To reduce the risk of coercion, individuals should:

• Use an experienced solicitor when drafting a will.
• Have independent witnesses present.
• Ensure wills are updated regularly to reflect genuine wishes.
• Keep open communication with family to reduce disputes later.

By taking these precautions, testators can help safeguard their true intentions and reduce the risk of future challenges.

Suggested External Links:

• Australian Government – Making a Will
• Legal Aid NSW – Contesting a Will
• Supreme Court of NSW – Probate

Suspecting that a loved one was coerced into making a will can be distressing. While challenging a will is complex, Australian Wills & Estate Planning Law provides mechanisms to protect vulnerable individuals and ensure fairness in the distribution of estates.

At New South Lawyers, our expert team can guide you through will disputes and estate challenges with clarity and compassion. If you suspect coercion in a loved one’s will,

Contact New South Lawyers today to protect their legacy and ensure their true intentions are honoured.